We had an employee who was having car trouble during the pandemic and once the office opened back up we reailzed that paying for her Uber every day was not sustainable. I agreed to gift her my vehicle, which needed repairs to run safely, with the condition that she use it to get to work. The office agreed to cover the cost of the repairs in order to facilitate her coming to work as well.
The offer was made in May, and with the pandemic delays the repair work was finished in June and I was able to order a duplicate title in July. I was working remotely so I brought the title in and signed it, however we did not agree on date, etc. At that point and she was to leave the title at the office until things had been ironed out.
She had multiple reasons why she was unable to take possession of the vehicle and kept putting it off. I continued to pay for insurance on the vehicle as it physically remained in my possession. She finally told me that she got insurance on the vehicle at the end of August, although at this point her behavior was getting more erratic and her attendance at work was not consistent or reliable for months. I did not believe her and to be safe continued to pay for insurance on the car.
I asked her multiple times when she would take the vehicle and always was told later dates. This past week, she once again called out at the last minute for 3 days straight and then told our office that she would no longer be able to work during the week and wanted to only work on weekends (we are a law office so this was not what she was hired for). After much consideration, we decided we still wanted to help her and agreed that we would come in on the weekends and allow her to work so that she would at least be able to make some money.
However, at this point I informed her that the vehicle was off the table as she had yet to use it to come to work which was the condition of the gift and now she would not be coming to work on the weekdays as previously agreed. She was unhappy about this and told me the car was hers as she had removed the title from the office already. In addition, she never showed up for her shifts the following Saturday and Sunday and also never responded to multiple texts confirming her new schedule and asking her where she was when she was a no show.
At this point we accepted her lack of communication and absences as a resignation and sent her a letter outlining all the facts regarding her employment with us and stating that she was no longer with the company due to her actions. She sent me an email this morning demanding that I set up a time for her to come pick up the car.
What are my legal rights to rescinding this gift offer considering she never fulfilled her side of the agreement and now that she is no longer with the company, it will be impossible for her to meet the conditions of the gift?